APHC010031052023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3459]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 1739/2023 Between:

1. R SURENDRA BABU, S/O LATE REDDEPPA NAIDU, AGED ABOUT 53 YEARS, R/O. D. NO. 15-1-24, SHIVIJINAGAR, MADANAPALLI, CHITTOOR DISTRICT.

...PETITIONER AND

1. T HE HINDUSTAN PETROLEUM CORPORATION LTD, REP. BY ITS CHIEF MANAGER (LPG), REGD. OFFICE. 17, JAMSHEDJI TATA ROAD, MUMBAI.

2. T HE DEPUTY CHIEF CONTROLLER, OF EXPLOSIVES SAFETY ORGANIZATION (LPG), THE HINDUSTAN PETROLEUM CORPORATION LTD, DOOR NO. 7-20-30, KIRLAMPUDI LAYOUT, VISAKAPATNAM.

3. T HE DEPUTY GENEREAL MANAGER LPG, THE HINDUSTAN PETROLEUM CORPORATION LTD, ANANTAPUR REGIONAL OFFICE, ANANTAPUR, ANANTAPUR DISTRICT.

4. T HE ASSISTANT SALES MANAGER LPG, THE HINDUSTAN PETROLEUM CORPORATION (LTD), NELLORE SALES AREA, NELLORE, NELLORE DISTRICT.

5. T HE UNION OF INDIA, REP BY ITS MINISTRY OF PETROLEUM AND NATURAL GAS, NEW DELHI.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in rejecting the award of LPG Distributorship to the petitioner at Nakkaladinne Village, Madanapalli Manclal, Chittoor District vide Ref. ARO/AKA/BATCHMATTER, dated. 31.12.2022, without issuing any notice or opportunity to the petitioner as highly illegal, arbitrary, unconstitutional and violation of principles of natural justice and also apart from violative of Articles 14, 19, 21 and 300-A of the Constitution of India, set aside the same and consequently direct the respondents to award the LPG Distributorship to the petitioner at Nakkaladinne Village, Madanapalli Mandal, Chittoor District and to pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to award the LPG Distributorship to third party at Nakkaladinne Village, Madanapalli Mandal, Chittoor District, pursuant to the advertisement dated. 15.09.2013 of the Hindustan Petroleum Corporation Ltd, pending disposal of the above writ petition and to pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the Order dated 25-01-2023 in I.A No. 1 of 2023 in W.P.No. 1739 of 2023 in the interest of justice and pass IA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the petitioner herein to file reply affidavit in the above writ petition i.e., W.P No. 1739 of 2023 and pass Counsel for the Petitioner:

1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S):

1. M UMA DEVI (CENTRAL GOVT COUNSEL)

2.

This Court made the following:

ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-Corporation.

In accordance with the advertisement issued on 15.09.2013, the petitioner applied for a distributorship along with all requisite documents. One of the conditions stipulated in the notification is that the petitioner must maintain a sum of Rs.15,00,000/- for urban markets and Rs.10,00,000/- for urban-rural and rural markets as of the last date for submission of the application.

On 08.09.2022, the respondents informed that the petitioner was declared as selected candidate for the LPG distributorship in the draw held on 07.09.2022. Additionally, the respondent-Corporation advised the petitioner to submit a demand draft for Rs.25,000/- for process of field verification credentials.

On 14.09.2022, the petitioner submitted the dem